---
title: "Draft AI-use, training-data, and output-warranty clauses for a vendor contract"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/draft-ai-use-training-data-and-output-warranty-clauses-for-a-vendor-cont/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A24-T1-R11-US"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft AI-use, training-data, and output-warranty clauses for a vendor contract

> From the term sheet, list the points the parties have already agreed on training use, output ownership, and warranties, in the term sheet’s own words. Do not write clause text for signature.

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/draft-ai-use-training-data-and-output-warranty-clauses-for-a-vendor-cont/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the term sheet, list the points the parties have already agreed on training use, output ownership, and warranties, in the term sheet’s own words. Do not write clause text for signature. |
| What the lawyer must review | The lawyer writes every sentence that will be signed. 17 U.S.C. § 201(b) and the § 101 work-made-for-hire definition decide who starts as author; a warranty that the vendor “owns all output” has to be checked against those sections. Cal. Civ. Code § 1798.140(ag) requires the written service-provider contract to prohibit the listed uses of personal information, including combining that information except as the subdivision allows. Formal Opinion 512 and Rule 1.6 govern how the draft is made: customer content used as a prompt is information relating to the representation. |
| Written for | United States |
| Applies to | [Draft AI-use, training-data and output-warranty clauses for a vendor contract](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/draft-ai-use-training-data-and-output-warranty-clauses-for-a-vendor-cont.md) |

## Checking plan

- What the AI does: From the term sheet, list the points the parties have already agreed on training use, output ownership, and warranties, in the term sheet’s own words. Do not write clause text for signature.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The tool’s list is a briefing note. Pasting it into the contract would put unreviewed sentences into a signed document.
- State product-liability law was not opened. A warranty schedule is not a product-liability opinion.

## Sources

- [17 U.S.C. § 101, Definitions, including work made for hire](https://www.law.cornell.edu/uscode/text/17/101) (checked 2026-10-22)
- [17 U.S.C. § 201, Ownership of copyright](https://www.law.cornell.edu/uscode/text/17/201) (checked 2026-10-22)
- [Cal. Civ. Code § 1798.140, including the service-provider definition](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.140.) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [AI vendor terms review checklist](https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/us-ai-vendor-terms-checklist.md) | Checklist | Yellow | Questions for a contract with a vendor that provides or hosts an AI system. The NIST AI Risk Management Framework is voluntary.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*